Gabriel Aubry escapes charges as police conclude he began fight with Olivier Martinez

29 NOVEMBER 2012

Police looking into the Thanksgiving brawl between Olivier Martinez and Gabriel Aubry have concluded that it was the Canadian model – father of Halle Berry's daughter Nahla – who dealt the first blow. A report obtained by website TMZ reads: "Suspect (Gabriel) arrived at victim's (Olivier) residence for child custody exchange. Suspect and victim engaged in verbal altercation. Suspect became upset and attempted to punch victim's head but missed and struck victim's right shoulder instead.

"Victim returned with three punches to the suspect's head, causing him to fall to the ground. Victim's fiancé (Halle) notified police."

The missive adds that Olivier's blow – which caused serious injury to Gabriel's head and face – was in self-defence. "Victim defended himself and punched the suspect," it concludes. Despite these latest developments in the case, the altercation was declared "mutual combat" making it "highly unlikely" that Halle's ex-partner will face criminal charges.

Now, disputes between the three parties are expected to shift from police investigations to the family courts. Gabriel Aubry's temporary restraining order – which requires him to stay 100 yards away from his daughter Nahla, her mother and Olivier – expires today, November 29.

The 36-year-old will be hoping that the dust settles on the drama of the past week and that he will now legally be able to spend time with his daughter. However, reports suggest that Halle is due to appear before a judge to try and extend her ex's temporary restraining order to a permanent one – a move that, if successful, will see the model lose contact with Nahla indefinitely.

The tense legal proceedings are the culmination of a doorstep altercation which took place after Gabriel and Olivier locked horns during a custodial handover at Halle Berry's Los Angeles home. Following his arrest for battery, Gabriel's police statement firmly cited Halle's fiancé as the aggressor. His testimony also confirmed speculation that the brawl was related to Halle's wish to relocate their daughter Nahla to France, which is Olivier's homeland. A judge recently blocked the move.

The statement read: "All of a sudden, Mr. Martinez jumped me on the side of my body, and punched me such that he had taken me down to the ground. He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot...it all happened so fast and so suddenly; I did not see Mr Martinez's actions coming, and thus, I was not ready for it and was not able to defend myself."

Referring to the intended move to France, Gabriel claims the Dark Tide star said: "You cost us $3 million (in court fees). When you see the judge, you're going to tell him you're going to Paris." At the time, sources close to Halle contested Gabriel's account of the drama, with one insider telling People: "This incident arose as a result of a fight initiated by Mr Aubry when Nahla was delivered for Thanksgiving and Mr Martinez attempted to have a discussion with him." The police findings now also corroborate that view.